Kerala High Court
M/S Ray - Prl (Joint Venture), ... vs State Of Kerala Represented By The ... on 20 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 2140 OF 2024
PETITIONER:
M/S RAY - PRL (JOINT VENTURE),
REPRESENTED BY SUNIL KUMAR K.V.,
PROJECT MANAGER, AGED 51 YEARS,
HEAD OFFICE, PLOT NO.2, RAY COMPOUND,
POST IIT, POWAI, MUMBAI, PIN - 400076.
BY ADVS.
RANJITH VARGHESE
RAHUL VARGHESE
SANTHA VARGHESE
GEO KENNEDY K.
RANJAN BABU JOSEPH
G.SHRIKUMAR (SR.)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE CHIEF ENGINEER, KSTP
T.C. 11/339, SREE BALA BUILDING, KESTON ROAD,
KAWDIYAR P.O., THIRUVANANTHAPURAM, PIN - 695003.
3 THE PROJECT DIRECTOR, KSTP
T.C. 11/339, SREE BALA BUILDING, KESTON ROAD,
KAWDIYAR P.O., THIRUVANANTHAPURAM, PIN - 695003.
4 CANARA BANK
SPCL MCB THANE, SHOP 5-6, PLOT A-123, 124,299 ROAD 9,
ODYSSEY IT PARK, WAGLE INDL ESTATE, THANE, MAHARASHTRA,
PIN - 400604.
5 INDIAN BANK
SHANMUGHAM BRANCH, SHANMUGHAM ROAD, P.B. NO.2554,
ERNAKULAM, PIN - 682031.
6 THE SOUTH INDIAN BANK LTD
PLOT NO. 148 GROUND FLOOR, MUKALADIYIL, OPP IIT
MAINGATE, POWAI, MUMBAI, PIN - 400076.
BY ADVS.
B.ASHOK KUMAR
BINOY VASUDEVAN
WP(C) NO. 2140 OF 2024
2
SUNIL SHANKAR A
DEVAYANI NAIR T.H.(K/1531/2019)
JERIN GEORGE(K/863/2023)
K.V.RAJESWARI(K/1308/2002)
SRI.VARGHESE (SR.).
SRI.SUNIL KUMAR KURIAKOSE, GP.
SRI.M.GOPIKRISHNAN NAMBIAR, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2140 OF 2024
3
T.R.RAVI.J
-------------------------------------------------------
WP(C) No.2140 of 2024
--------------------------------------------------------
Dated this the 20th day of June, 2024
JUDGMENT
When the case is taken up, it is submitted that the
dispute involved has already been taken up before an
Arbitrator and arbitration is to commence on 22.06.2024.
In the above circumstances, this writ petition is closed
without prejudice to the contentions of the parties before the
Arbitratror. The interim order regarding the encashment of
bank guarantee shall continue to be in force for a period of six
weeks. The parties may approach the Arbitrator for any
further orders regarding the bank guarantee. The petitioner
shall keep the bank guarantee alive for a period of six weeks.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 2140 OF 2024
APPENDIX OF WP(C) 2140/2024
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF LETTER DT. 31.10.2023 ALONG
WITH ANNEXURE-III PAYMENT DELAY DETAILS AS
ON 27.10.2023.
Exhibit P-2 TRUE COPY OF THE STATEMENT PREPARED BY THE
PETITIONER WITH REFERENCE TO BILL VALUE
AGAINST CONTRACT INCLUDING GST, BILL
SUBMITTED N DATE, BILL CERTIFIED BY
ENGINEER, PAYMENT RECEIVED DATE, DELAY
DAYS BEYOND SUBMISSION DATE, DELAY DAYS
BEYOND CERTIFICATION DATE AND REMARKS.
Exhibit P-3 TRUE COPY OF DETAILS OF PENDING RA BILL
PAYMENTS/IPC (INTERIM PAYMENT CERTIFICATE)
AS ON 12.01.2024.
Exhibit P-4 TRUE COPY OF THE AGREEMENT IN RESPECT OF
ROAD NO. 4 (WHICH IS THE SAME IN RESPECT
OF ROAD NO. 9 ALSO) CONTAINING THE
AFORESAID CLAUSES 14.8, 16.2(C) AND 16.(D)
Exhibit P-5 TRUE COPY OF THE SAID LETTER DT.
25.05.2023 ISSUED BY THE PETITIONER
CONCERNING THE DELAY CAUSED IN ROAD NO. 9.
Exhibit P-6 TRUE COPY OF BANK GUARANTEE NO.
019GPGE211905001.
Exhibit P-7 TRUE COPY OF BANK GUARANTEE NO.
019GPGE211905002.
Exhibit P-8 TRUE COPY OF BANK GUARANTEE NO.
019GOPG212235002.
Exhibit P-9 TRUE COPY OF BANK GUARANTEE NO.
019GOPG213615006.
Exhibit P-10 TRUE COPY OF BANK GUARANTEE NO.
036BG000102021.
Exhibit P-11 TRUE COPY OF BANK GUARANTEE NO.
0366BG000142021.
Exhibit P-12 TRUE COPY OF BANK GUARANTEE NO.
002721G210000069.
Exhibit P-13 TRUE COPY OF LETTER DT. 17.11.2023 ISSUED
BY THE ENGINEER APPOINTED BY THE
RESPONDENT KSTP.
Exhibit P-14 TRUE COPY OF LETTER DT. 12.01.2024 ISSUED
BY THE PETITIONER.
WP(C) NO. 2140 OF 2024
Exhibit P-15 12.01.2024 ISSUED BY THE PETITIONER.
ADDL. EXHIBIT P-16 TRUE COPY OF THE EXPENDITURE REPORTS FOR
BOTH PROJECTS.
ADDL. EXHIBIT P-17 TRUE COPY OF THE LETTER DT. 13.04.2023.
ADDL. EXHIBIT P-18 TRUE COPY OF THE EMAIL DT. 05.04.2024
ALONG WITH LETTER DT. 14.02.2024.
ADDL. EXHIBIT P-19 TRUE COPY OF LETTER DT. 06.03.2024.
ADDL. EXHIBIT P-20 TRUE COPY OF LETTER DT. 23.03.2024.
ADDL. EXHIBIT P-21 TRUE COPY OF THE STATEMENT.
RESPONDENTS' EXHIBITS
EXHIBIT R2 A TRUE COPY OF THE RELEVANT CLAUSES
ENVISAGED IN THE AGREEMENT.
EXHIBIT R2 B TRUE COPY OF THE NOTICE OF TERMINATION
UNDER CLAUSE 15.2 OF GCC PERTAINING TO
REHABILITATION AND UP-GRADATION OF
KUMARAKOM-NEDUMBASSERY ROAD DATED
21/02/2024.
EXHIBIT R2 C TRUE COPY OF THE NOTICE OF TERMINATION
UNDER CLAUSE 15.2 OF GCC PERTAINING TO
REHABILITATION AND UP-GRADATION OF
THRISSUR-KUTTIPURAM ROAD DATED 21/02/2024.
